Is there a minimum size for a room that is to be used as a bedroom?

What is a bedroom?

A bedroom is a room that is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom. {Housing Act 1985, Chapter 68, Part X}

The answer to the topic question is dependent on a number of factors including:

* Number of occupiers using the bedroom
* Age of occupiers using the bedroom
* Whether the property is a licensed HMO
* Type of occupant

Number and age of occupants
One of the criteria for assessing overcrowding under the Housing Act 1985 is the floor space based on the number and age of occupants.

For a child aged under 1 there is no minimum space standard.

For a child aged 1 or over but under 10 the floor are of the room must be at least 50 sq. ft. (4.65 sq. metres).

For two children aged 1 or over but under 10 sharing a bedroom or 1 person aged 10 or over the floor area of the room must be at least 70 sq. ft. (6.51 sq. metres).

For two adults living together as a couple the floor area of the room must be at least 110 sq. ft. (10.22 sq. metres).

{Housing Act 1985}

HMO

In 2018 the government announced that it will proceed with introducing a national minimum room size for bedrooms in licensed HMOs:

Rooms used for sleeping by 1 person over 10 will have to be no smaller than 6.51 square metres, and those slept in by 2 people over 10 will have to be no smaller than 10.22 square metres. Rooms slept in by children of 10 years and younger will have to be no smaller than 4.64 square metres


Type of occupant

The type of occupant has also been shown to be relevant in room size cases. This was illustrated in the case of Nottingham City Council v Dominic Parr and Trevor Parr Associates Ltd [2017] EWCA Civ 188 which was heard last year in the Court of Appeal. The Council’s guidance suggested that 8 sq. metres was an acceptable bedroom size and the licences issued prohibited the use of two attic rooms until the usable floor space had been increased. The First-Tier Tribunal had deleted the condition and imposed an alternative condition that the rooms could be used by full-time student who resided in the room for a maximum of 10 months of the year. This was upheld by the Upper Tribunal and the Court of Appeal concluded that there was nothing unlawful about a HMO licence restricting occupation of a bedroom to students only. The Supreme Court has granted permission to Nottingham City Council to appeal the decision.

Further Reading

Shelter – Overcrowding
HMO National Minimum Room Size and Suitability {Anthony Gold blog}
Housing Act 1985, Chapter 68, Part X
When is a bedroom not a bedroom {Jungle Property blog}